SCHOOLS OF JURISPRUDENCE

Question 1

REPGUNANCY CLAUSE

Answer 1

• A stipulation that when the two conflict, customary law is subordinate to colonial law
• rules of customary law would only be valid if they were compatible with the colonizers ideas about morality, justice, good order and public policy

Question 2

Van Breda CASE

Answer 2

• the custom has existed for a long time and is uniformly observed

Question 3

THE NATIVE ADMINISTRATION ACT

Answer 3

• Established two separate systems of common law for white and black people and created separate courts to interpret and apply them
• Created Native Commissioners Courts to apply the customary law created by the state